AIR 2013 SUPREME COURT 132 ::2012 AIR SCW 6107 ::2012 (12) SCC 419 ::(2012) 10 Scale 468 ::AIR 2013 SC (Civil) 197 ::(2013) 2 AndhLD 16 ::(2013) 1 KCCR 21 ::(2012) 4 SCT 691

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): G. S. Singhvi, S. J. Mukhopadhaya , JJ

Constitution of India , Art.14— Equality clause - Is positive concept - Cannot be used to perpetuate illegality - Forged lease deed executed in favour of petitioner - Petition to regularise - Ground that regularisation was done in many cases - Petitioner unable to show that other cases were identical to case of petitioner - Moreover lease granted to petitioner without issuing advertisement - Direction to Govt. to regularise lease cannot be issued. The concept of equality enshrined in Article 14 is a positive concept. The Court can command the State to give equal treatment to similarly situated persons, but cannot issue a mandate that the State should commit illegality or pass wrong order because @page-SC133 in another case such an illegality has been committed or wrong order has been passed. If any illegality or irregularity has been committed in favour of an individual or a group of individuals, others cannot invoke the jurisdiction of the High Court or of Supreme Court and seek a direction that same irregularity or illegality be committed in their favour by the State or its agencies/instrumentalities. In other words, Article 14 cannot be invoked for perpetuating irregularities or illegalities. In petition to regularise forged leased on ground that lease in many cases have been regularised by Govt., when the petitioner is unabl....